Debnath (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student (Temporary)) visa. The applicants sought review of a decision concerning their eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicants had satisfied the enrolment requirements for the Subclass 500 visa. Specifically, the Tribunal needed to determine if the first named applicant was enrolled in a Master's degree program at a recognised education provider, as required by the relevant regulations.

The Tribunal was provided with new evidence demonstrating the first named applicant's enrolment in a Master's degree program. Based on this evidence, the Tribunal was satisfied that the enrolment criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named applicant met the criteria under cl.500.211 of Schedule 2 to the Regulations, and the second and third named applicants met the criteria under cl.500.311 of Schedule 2 to the Regulations.